| The States Parties to this Treaty:
DESIRING to contribute to the realization of the purposes and principles of the Charter of the United Nations; DETERMINED to take concrete action which will contribute to the progress towards general and complete disarmament of nuclear weapons, and to the promotion of international peace and security; REAFFIRMING the desire of the Southeast Asian States to maintain peace and stability in the region in the spirit of peaceful coexistence and mutual understanding and cooperation as enunciated in various communiques, declarations and other legal instruments; RECALLING the Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) signed in Kuala Lumpur on 27 November 1971 and the Programme of Action on ZOPFAN adopted at the 26th ASEAN Ministerial Meeting in Singapore in July 1993; CONVINCED that the establishment of a Southeast Asia Nuclear Weapon-Free Zone, as an essential component of the ZOPPAN, will contribute towards strengthening the security of States within the Zone and towards enhancing international peace and security as a whole; REAFFIRMING the importance of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in preventing the proliferation of nuclear weapons and in contributing towards international peace and security; RECALLING Article VII of the NPT which recognizes the right of any group of States to conclude regional treaties in order to assume the total absence of nuclear weapons in their respective territories; RECALLING the Final Document of the Tenth Special Session of the United Nations General Assembly which encourages the establishment of nuclear weapon-free zones; RECALLING the Principles and Objectives for Nuclear Non-Proliferation and Disarmament, adopted at the 1995 Review and Extension Conference of the Parties to the NPT, that the cooperation of all the nuclear-weapon States and their respect and support for the relevant protocols is important for the maximum effectiveness of this nuclear weapon-free zone treaty and its relevant protocols. DETERMINED to protect the region from environmental pollution and the hazards posed by radioactive wastes and other radioactive material; HAVE AGREED as follows:
For the purposes of this Treaty and its Protocol:
(b) "territory" means the land territory, internal waters, territorial sea, archipelagic waters, the seabed and the sub-soil thereof and the airspace above them; (c) "nuclear weapon" means any explosive device capable of releasing nuclear energy in an uncontrolled manner but does not include the means of transport or delivery of such device if separable from and not an indivisible part thereof; (d) "station" means to deploy, emplace, implant, install, stockpile or store; (e) "radioactive material" means material that contains radionuclides above clearance or exemption levels recommended by the International Atomic Energy Agency (IAEA); (f) "radioactive wastes" means material that contains or is contaminated
with radionuclides at concentrations or activities greater than clearance
levels recommended by the IAEA and for which no use is foreseen; and
(ii) any deliberate disposal at sea, including seabed and subsoil insertion, of vessels, aircraft, platforms or other man-made structures at sea, containing radioactive material,but does not include the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures. 1. This Treaty and its Protocol shall apply to the territories, continental selves, and EEZ of the States Parties within the Zone in which the Treaty is in force. 2. Nothing in this Treaty shall prejudice the rights or the exercise
of these rights by any State under the provisions of the United Nations
Convention on the Law of the Sea of 1982, in particular with regard to
freedom of the high seas, rights of innocent passage, archipelagic sea
lanes passage or transit passage of ships and aircraft, and consistent
with the Charter of the United Nations.
1. Each State Party undertakes not to, anywhere inside or outside the Zone:
(b) station or transport nuclear weapons by any means; or (c) test or use nuclear weapons.
(b) station nuclear weapons; or (c) test or use nuclear weapons.
(b) dispose radioactive material or wastes on land in the territory of or under the jurisdiction of other States except as stipulated in Paragraph 2 (e) of Article 4; or (c) allow, within its territory, any other State to dump at sea or discharge
into the atmosphere any radioactive material or wastes.
(b) take any action to assist or encourage the Commission of any act
in violation of the provisions of Paragraphs 1, 2 and 3 of this Article.
1. Nothing in this Treaty shall prejudice the right of the States Parties to use nuclear energy, in particular for their economic development and social progress. 2. Each State Party therefore undertakes:
(b) prior to embarking on its peaceful nuclear energy programme, to subject its programme to rigorous nuclear safety assessment conforming to guidelines and standards recommended by the IAEA for the protection of health and minimization of danger to life and property in accordance with Paragraph 6 of Article III of the Statute of the IAEA; (c) upon request, to make available to another State Party the assessment except information relating to personal data, information protected by intellectual property rights or by industrial or commercial confidentiality, and information relating to national security; (d) to support the continued effectiveness of the international non-proliferation system based on the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the IAEA safeguard system; and (e) to dispose radioactive wastes and other radioactive material in
accordance with IAEA standards and procedures on land within its territory
or on land within the territory of another State which has consented to
such disposal.
(b) any nuclear-weapon State except in conformity with applicable safeguards
agreements with the IAEA.
Each State Party which has not done so shall conclude an agreement with
the IAEA for the application of full scope safeguards to its peaceful nuclear
activities not later than eighteen months after the entry into force for
that State Party of the Treaty.
Each State Party which has not acceded to the Convention on Early Notification
of a Nuclear Accident shall endeavour to do so.
Each State Party, on being notified, may decide for itself whether to
allow visits by foreign ships and aircraft to its ports and airfields,
transit of its airspace by foreign aircraft, and navigation by foreign
ships through its territorial sea or archipelagic waters and overflight
of foreign aircraft above those waters in a manner not governed by the
rights of innocent passage, archipelagic sea lanes passage or transit passage.
1. There is hereby established a Commission for the Southeast Asia Nuclear Weapon-Free Zone, hereinafter referred to as the "Commission". 2. All States Parties are ipso facto members or the Commission. Each State Party shall be represented by its Foreign Minister or his representative accompanied by alternates and advisers. 3. The function of the Commission shall be to oversee the implementation of this Treaty and ensure compliance with its provisions. 4. The Commission shall meet as and when necessary in accordance with the provisions of this Treaty including upon the request of any State Party. As far as possible, the Commission shall meet in conjunction with the ASEAN Ministerial Meeting. 5. At the beginning of each meeting, the Commission shall elect its Chairman and such other officers as may be required. They shall hold office until a new Chairman and other officers are elected at the next meeting. 6. Unless otherwise provided for in this Treaty, two-thirds of the members of the Commission shall be present to constitute a quorum. 7. Each member of the Commission shall have one vote. 8. Except as provided for in this Treaty, decisions of the Commission shall be taken by consensus or, failing consensus, by a two-thirds majority of the members present and voting. 9. The Commission shall, by consensus, agree upon and adopt rules of
procedure for itself as well as financial rules governing its funding and
that of its subsidiary organs.
1. There is hereby established, as a subsidiary organ of the Commission, the Executive Committee. 2. The Executive Committee shall be composed of all States Parties to this Treaty. Each State Party shall be represented by one senior official as its representative, who may be accompanied by alternates and advisers. 3. The functions of the Executive Committee shall be to:
(b) consider and decide on requests for clarification and for a fact-finding mission; (c) set up a fact-finding mission in accordance with the Annex of this Treaty; (d) consider and decide on the findings of a fact-finding mission and report to the Commission; (e) request the Commission to convene a meeting when appropriate and necessary; (f) conclude such agreements with the IAEA or other international organizations as referred to in Article 18 on behalf of the Commission after being duly authorized to do so by the Commission; and (g) carry out such other tasks as may, from time to time, be assigned
by the Commission.
5. The Chairman of the Executive Committee shall be the representative of the Chairman of the Commission. Any submission or communication made by a State Party to the Chairman of the Executive Committee shall be disseminated to the other members of the Executive Committee. 6. Two-thirds of the members of the Executive Committee shall be present to constitute a quorum. 7. Each member of the Executive Committee shall have one vote. 8. Decisions of the Executive Committee shall be taken by consensus
or, failing consensus, by a two-thirds majority of the members present
and voting.
1. There is hereby established a control system for the purpose of verifying compliance with the obligations of the States Parties under this Treaty. 2. The Control System shall comprise:
(b) report and exchange of information as provided for in Article 11; (c) request for clarification as provided for in Article 12; and (d) request and procedures for a fact-finding mission as provided for
in Article 13.
1. Each State Party shall submit reports to the Executive Committee on any significant event within its territory and areas under its jurisdiction and control affecting the implementation of this Treaty. 2. The States Parties may exchange information on matters arising under
or in relation to this Treaty.
1. Each State Party shall have the right to request another State Party for clarification concerning any situation which may be considered ambiguous or which may give rise to doubts about the compliance of that State Party with this Treaty. It shall inform the Executive Committee of such a request. The requested State Party shall duly respond by providing without delay the necessary information and inform the Executive Committee of its reply to the requesting State Party. 2. Each State Party shall have the right to request the Executive Committee
to seek clarification for another State Party concerning any situation
which may be considered ambiguous or which may give rise to doubts about
compliance of that State Party with this Treaty. Upon receipt of such a
request, the Executive Committee shall consult the State Party from which
clarification is sought for the purpose of obtaining the clarification
requested.
A State Party shall have the right to request the Executive Committee
to send a fact-finding mission to another State Party in order to clarify
and resolve a situation which may be considered ambiguous or which may
give rise to doubts about compliance with the provisions of this Treaty,
in accordance with the procedure contained in the Annex to this Treaty.
1. In case the Executive Committee decide in accordance with the Annex that there is a breach of this Treaty by a State Party, that State Party shall, within a reasonable time, take all steps necessary to bring itself in full compliance with this Treaty and shall promptly inform the Executive Committee of the action taken or proposed to be taken by it. 2. Where a State Party fails or refuses to comply with the provisions of Paragraph 1 of this Article, the Executive Committee shall request the Commission to convene a meeting in accordance with the provisions of Paragraph 3(e) of Article 9. 3. At the meeting convened pursuant to Paragraph 2 of this Article, the Commission shall consider the emergent situation and shall decide on any measure it deems appropriate to cope with the situation, including the submission of the matter to the IAEA and, where the situation might endanger international peace and security, the Security Council and the General Assembly of the United Nations. 4. In the event of breach of the Protocol attached to this Treaty by
a State Party to the Protocol, the Executive Committee shall convene a
special meeting of the Commission to decide on appropriate measures to
be taken.
1. This Treaty shall be open for signature by all States in Southeast Asia, namely, Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. 2. This Treaty shall be subject to ratification in accordance with the constitutional procedure of the signatory states. The instruments of ratification shall be deposited with the Government of the Kingdom of Thailand which is hereby designated as the Depositary State. 3. This Treaty shall be open for accession. The instruments of accession shall be deposited with the Depositary State. 4. The Depositary State shall inform the other States Parties to this Treaty on the deposit of instruments of ratification or accession. 5. The Depositary State shall register this Treaty and its Protocol
pursuant to Article 102 of the Charter of the United Nations.
1. This Treaty shall enter into force on the date of the deposit of the seventh instrument of ratification and/or accession. 2. For States which ratify or accede to this Treaty after the date of
the seventh instrument of ratification or accession, the Treaty shall enter
into force on the date of deposit of its instrument of ratification or
accession.
This Treaty shall not be subject to reservations.
The Commission may conclude such agreements with the IAEA or other international
organizations as it considers likely to facilitate the efficient operation
of the control system established by this Treaty.
1. Any State Party may propose amendments to this Treaty and its Protocol and shall submit its proposals to the Executive Committee, which shall transmit them to all the other States Parties. The Executive Committee shall immediately request the Commission to convene a meeting to examine the proposed amendments. The quorum required for such a meeting shall be all the members of the Commission. Any amendment shall be adopted by a consensus decision of the Commission. 2. Amendments adopted shall enter into force 30 days after the receipt
by the Depositary State of the seventh instrument of acceptance from the
States Parties.
Ten years after this Treaty enters into force, a meeting of the Commission
shall be convened for the purpose of reviewing the operation of the Treaty.
A meeting of the Commission for the same purpose may also be convened at
anytime thereafter if there is consensus among all its members.
Any dispute arising from the interpretation of the provisions of this
Treaty shall be settled by peaceful means as may be agreed upon by the
States Parties to the dispute. If within one month, the parties to the
dispute are unable to achieve a peaceful settlement of the dispute by negotiation,
mediation, enquiry or conciliation, any of the parties concerned shall,
with the prior consent of the other parties concerned, refer the dispute
to arbitration or to the International Court of Justice.
1. This Treaty shall remain in force indefinitely. 2. In the event of a breach by any State Party of this Treaty essential to the achievement of the objectives of the Treaty, every other State Party shall have the right to withdraw from the Treaty. 3. Withdrawal under Paragraph 2 of Article 22, shall be effected by
giving notice twelve months in advance to the members of the Commission.
IN WITNESS WHEREOF, the undersigned have signed this Treaty. DONE at Bangkok, this fifteenth day of December, one thousand nine hundred
and ninety-five, in one original in the English language.
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